ARTICLE XIV MISCELLANEOUS PROVISIONS

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1 13.3 The obligation to pay a fair share fee to the Union shall not apply to any employee who, on the basis of a bona fide religious tenet or teaching of a church or religious body of which such employee is a member, objects to the payment of a fair share fee to the Union. Any non-member employee shall be allowed to assert his/her right of non-association based upon bona fide religious tenets or teachings of a church or religious body of which such employees are members. Such employees shall be required to pay an amount equal to their fair share to a non-religious charitable organization mutually agreed upon by the employees affected and the Union. If the affected employee and the Union are unable to reach agreement on the matter, the Illinois State Labor Relations Board may be consulted by the parties. ARTICLE XIV MISCELLANEOUS PROVISIONS 14.1 It shall be the responsibility of the Employer to see that equipment is in safe operating condition. The Employer shall take all reasonable steps to protect employees during working hours in the performance of their duties. No employee shall be required to use any equipment that is unsafe. When an assigned department vehicle or other equipment is found to have a disabling defect or is in violation of the law, the employee will notify his supervisor, complete required reports, and follow the supervisor's direction relative to requesting repair, replacement or the continued operation of said vehicle or other equipment and the employee shall also be required to inform the safety representative from their division. Additionally, the employee shall have the right to move directly to the second step of the grievance procedure to protest the lack of safe equipment or other working conditions The Employer shall advise new employees hired in the positions covered by this Agreement that the Union is the recognized collective bargaining representative for employees in the position classifications listed in Article II of this Agreement The Union may place informational material on agency or department bulletin boards, provided: (a) (b) (c) (d) the Union is clearly identified in the material; the contents of the material related to the activities of the Union are not partisan, political or defamatory in nature; the Union assumes all costs incidental to preparation of the material; the Union advises management in advance and does not interrupt Employer operations Prior discipline other than suspension for a particular offense shall not be considered in imposing a disciplinary penalty for a current offense where more than twelve 20

2 (12) months have elapsed since the employee was last disciplined for the same offense except as provided in (b) below. After 5 years, a prior suspension for a particular offense shall not be considered in imposing a disciplinary penalty for a current offense Steel-toe safety shoes shall be worn by all negotiated rate employees as a condition of employment and no employees will be pennitted to work without such safety shoes. The Employer shall reimburse each member of the bargaining unit for the cost of all steel-toe safety shoes which are required to be worn under the terms of this Section, up to a maximum of $ per year. Employees shall purchase the shoes and present a receipt to the Employer for reimbursement, which shall be paid to the Employee within thirty (30) days of submission. Such $ credit may be applied to a purchase from the previous year, to the extent such previous year's purchase exceeded $ The boot allowance shall be available to reimburse employees for the cost of repairs to the boots. The Village will establish accounts with a minimum of two (2) vendors in order to allow the employees to purchase boots from such vendors and have the vendors bill the Village for the amount of the boot allowance, with the employee to pay the remaining balance directly to the vendor. The boot allowance shall be increased to $ on May 1, The Employer shall reimburse employees for the cost of safety glasses which are required to be worn by the employees, up to a maximum of $ per year for single vision and $ for bifocals, trifocals and standard progressive lenses. Employees shall purchase safety glasses and present a receipt to the Employer for reimbursement, which shall be paid to the employee within thirty (30) days of submission. Such credit may be applied to a purchase from the previous year, to the extent such previous year's purchase exceeded $ per year for single vision and $ for bifocals, trifocals and standard progressive lenses. Effective May 1, 2012, the reimbursements shall increase to $76.50 for single vision and $ for bifocals, trifocals and standard progressive lenses The Personnel Policies heretofore adopted by the Employer on November 3, 1994, as amended, shall remain in effect for all covered employees except as specifically modified by this Agreement. In the event of a conflict between the Personnel Policies and the terms of this Agreement, this Agreement shall supersede the Personnel Policies. The Employer reserves the right to alter, modify or amend the Personnel Policies and enforce the same except as modified herein. The Union will be notified of any alterations, modifications or amendments to the Personnel Policies. In the event that the Union believes that such amendment, alteration or modification conflicts with the terms of this Agreement or otherwise impacts upon the terms and conditions of employment of the members of this bargaining unit, the Union shall notify the Employer in writing. Upon receipt of such notification, the Village shall not implement such alteration, modification or amendment as it may pertain to members of this collective bargaining unit, and such matter will be referred to Step 3 of the grievance procedure for resolution under the procedure set forth in this Agreement. The Employer may elect to enforce the alteration, modification or amendment with respect to other Village employees and not implement such change in regard to members of the collective bargaining unit covered by this Agreement With respect to covered employees only, the Personnel Policies shall be amended in the following instances: 21

3 a shall be amended to add the following sentence: "Employees so transferred who do not successfully complete any probationary period in the new position shall not be discharged but rather shall be transferred to their old position or another comparable position." b. Probationary periods for employees who are transferred or promoted shall be 6 months in duration. c. Probationary evaluations for employees who are transferred or promoted shall be performed at 2, 4 and 6 month intervals. d. If an employee who is required to have a valid driver's license or commercial driver's license has lost his driving privileges, and has completed his suspension from work without pay, then at the Village's sole discretion, the employee may be assigned work within the employee's division that does not require driving, if the Village, at the Village"s sole discretion, determines that such jobs are available. The Village's exercise of such discretion shall not be subject to the grievance procedures beyond level 3. e. Short Term Disability Benefits. The Short Term Disability Benefits provisions of the Village's Personnel Policies are hereby modified as follows: (1) Any employee who receives short term disability benefits shall be ineligible to receive such benefits for a rolling twelve (12) month period for each such receipt of benefits. (2) After the first use of the short term disability benefits, an employee shall be required to exhaust accrued sick leave and all other accrued leave prior to becoming eligible for such disability benefits. (3) Short term disability benefits may only be received three (3) times in eight (8) years, commencing the date of receipt of benefits Tardiness Policy. Tardy is defined as any arrival after the official start of the normal work day. (a) If an employee does not call the supervisor before his scheduled starting time, the employee will be accepted for work until thirty (30) minutes after his scheduled starting time, and marked tardy. (b) If an employee calls before his scheduled starting time and tells the supervisor he will be late and won't be able to arrive at the job site until more than thirty (30) minutes after the scheduled starting time, the supervisor will determine whether the employee should be told to come in or not; this matter is left to the judgment of the supervisor. If the employee is told to stay home, he will be marked 22

4 absent for the day. (c) If an employee does not call in before his scheduled starting time and reports to the job site more than thirty (30) minutes after the scheduled starting time, he is to be sent home and marked absent for the day. (d) Tardy employees shall not be compensated for time not worked. Deductions from compensation for tardy employees shall be on the basis of quarters of an hour (.25) based upon a seven-minute interval An employee may be written up for multiple violations of policy for one ( 1) act, but shall receive discipline for the most severe of the policy provisions violated. An employee may receive multiple penalties for multiple acts or occurrences The Employer shall furnish uniforms to all covered employees through the use of a quartermaster system Procedures for Overtime Call-Outs. In accordance with Section 6.3 of this Agreement, the following procedure shall be employed for contacting employees when overtime is required. A) The Employer shall supply beepers or pagers to one (1) Building Maintenance Tech. These beepers or pagers are to be rotated on a weekly basis. Those employees who have been assigned a beeper or pager are required to respond to call-outs for overtime during the week that they are in possession of said beeper or pager. Building Maintenance Techs who have been assigned a beeper or pager for overtime call-out purposes on a rotating basis shall receive 5 hours at straight time pay or in compensatory time for each week assigned such call-out pager. Employees who have been issued a beeper or pager and do not respond to a call-out will be disciplined as follows: First unexcused absence: Second unexcused absence: Third unexcused absence: Fourth unexcused absence: Fifth unexcused absence: Written warning One day suspension without pay Three days suspension without pay Five days suspension without pay Employment termination Prior discipline for this offense shall not be considered in imposing a disciplinary penalty for a current offense when more than five (5) months have elapsed since the employee was last disciplined_for the same offense. B) In the event that employees are needed for overtime assignments, the Employer shall first contact the employee who has been issued a beeper or pager. In the event additional employees are needed, the Employer shall contact employees in order of their appearance on the overtime list (low man first), unless the Employer deems it necessary to contact employees out of order, in the event that a particular function needs to be performed by a qualified employee. Any 23

5 employee who is contacted for overtime call-out, except those employees who have been assigned a beeper or pager, may decline the overtime assignment when first contacted, but if contacted again for the same overtime assignment such employee shall be required to report for work. Any employee who is contacted the first time must remain available for a second call for the next thirty (30) minutes. Any employee who is so contacted a second time and fails to respond to work or who is unavailable during the first thirty (30) minutes following the first call, shall be subject to discipline as follows: First unexcused absence: Second unexcused absence: Third unexcused absence: Fourth unexcused absence: Fifth unexcused absence: Written warning One day suspension Three days suspension Five days suspension Termination Prior discipline for this offense shall not be considered m imposing a disciplinary penalty for a current offense when more than twelve ( 12) months have elapsed since the employee was last disciplined for the same offense. C) The beeper/pager system may be altered or amended during the term of this Agreement if mutually agreed upon by both parties. D) The custodians will carry a beeper or pager during their regular scheduled working hours only. They will pass the beeper or pager to the next custodial shift (3 shifts in all) when the next shift comes on duty. E) An employee on pager duty must remain within the pager service area and within forty (40) minutes travel time to the Village Hall An employee shall be entitled to request the presence of a union representative at an investigatory interview which may lead to any form of discipline. The Employer shall delay the interview until the requested union representative or another union representative is available, unless the employee elects to continue the interview unaccompanied by a union representative. In any event, the Employer may elect to dispense with or discontinue the interview and proceed with its investigation without an interview being conducted In the event any disciplinary action is taken against an employee, except for a verbal reprimand, the Employer shall provide the employee and the Union written notification of such disciplinary action Indemnification. The Employer shall be responsible for, hold employees harmless from and pay for damages or monies which may be adjudged, assessed or otherwise levied against any employee covered by this Agreement, except as otherwise provided by law. Employees shall have legal representation by the Employer in any civil cause of action brought against an employee resulting from or arising out of the performance of duties performed on behalf of the Employer. Employees shall be required 24

6 to cooperate with the Employer during the course of the investigation, administration or litigation of any claim arising out of this Section. The Employer will provide the protection set forth hereinabove so long as the employee is acting within the scope of his employment and so long as the employee cooperates with the Employer in defense of the action or actions or claims. The Employer shall not indemnify or defend an employee for any actions arising out of claims for punitive or exemplary damages. In addition, the Employer's responsibility with regard to this Section shall not extend to any criminal charges brought against an employee Bargaining Unit Work. In accordance with Section of the Agreement between Teamsters Local 726 (Public Services & Parks & Recreation), Public Services Department employees and Parks & Grounds Department employees shall be permitted to perform bargaining unit work covered by the terms of this Agreement between November 1 and April Technical Certifications. Technical certifications, not a part of a college credit hour program, may be needed to prepare an employee to be in charge of a job function that is not contained in the job description. Enrollment in a technical certification program must be pre-approved by the department head to be eligible for a one-time stipend incentive. Stipend incentives are offered to regular full-time employees that voluntarily and successfully obtain the preapproved technical certification utilizing unpaid class of study time. The course fees are normally paid by the Village of Glendale Heights. The stipend shall be $ Stipends shall not be paid for certifications obtained by employees for which they were compensated for their hours or which were obtained during working hours. ARTICLE XV EMPLOYEE ALCOHOL AND DRUG TESTING 15.1 Statement of Policy. It is the policy of the Village of Glendale Heights that the public has the reasonable right to expect persons employed by the Village to be free from the effects of drugs and alcohol. The Village, as the employer, has the right to expect its employees to report for work fit and able for duty. The purposes of this policy shall be achieved in such manner as not to violate any established rights of the employees Prohibitions. Employees shall be prohibited from: (a) consuming or possessing alcohol (unless in accordance with duty requirements) or illegal drugs at any time during the work day or anywhere on any Village premises or job sites, including all Village buildings, properties, vehicles and the employee's personal vehicle while engaged in Village business; 25